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ACT ON INTERNATIONAL JUDICIAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS

Act No. 4343, Mar. 8, 1991

Amended by Act No. 9811, Nov. 2, 2009

Act No. 11690, Mar. 23, 2013

Act No. 12844, Nov. 19, 2014

Act No. 14839, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to promote an international cooperation in the suppression and prevention of crimes, by prescribing the scope, procedure, etc. of mutual assistance provided at the request of, and requesting to, any foreign country in connection with any investigation or trial of a criminal case.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "mutual assistance" means to provide or receive any cooperation necessary for the investigation or trial of a criminal case between the Republic of Korea and a foreign country;
2. The term "mutual assistance treaty" means any treaty, convention, etc. relating to mutual assistance, which is concluded between the Republic of Korea and a foreign country;
3. The term "requesting country" means a country requesting mutual assistance to the Republic of Korea;
4. The term "crime under mutual assistance" means a crime which is the object of mutual assistance.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 3 (Relation to Mutual Assistance Treaty)
Where a mutual assistance treaty includes different provisions from those of this Act with respect to mutual assistance, the provisions of the treaty shall prevail over the provisions of this Act.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 4 (Reciprocity)
Even when a mutual assistance treaty is not concluded, if a requesting country guarantees to comply with any request of the Republic of Korea for mutual assistance, with respect to the same or similar matters, this Act shall be applicable.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
CHAPTER II SCOPE OF AND RESTRICTION ON MUTUAL ASSISTANCE
 Article 5 (Scope of Mutual Assistance)
The scope of mutual assistance shall be as follows:
1. Investigation into the whereabouts of a person or object;
2. Provision of documents and records;
3. Service of documents, etc.;
4. Gathering of evidence, seizure, search, and verification;
5. Transfer of objects, such as evidence;
6. Hearing of statements, and other measures to make any person testify or cooperate with an investigation in the requesting country.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 6 (Restriction on Mutual Assistance)
Mutual assistance may not be provided in any of the following cases:
1. Where it might be detrimental to the sovereignty, national security, public peace and order, or public morals, of the Republic of Korea;
2. Where it is deemed that the criminal might be punished, or subject to an unfavorable penalty disposition, due to his/her race, nationality, gender, religion, social status, or the fact that he/she is a member of a specified social organization, or by the reason that he/she has a different political view;
3. Where it is deemed that the crime under mutual assistance is of a political nature, or a request for mutual assistance is made for the purpose of an investigation or trial on another crime of a political nature;
4. Where the crime under mutual assistance does not constitute a crime, or it is a crime against which no public action may be instituted, under any Act of the Republic of Korea;
5. Where the requesting country fails to give a guarantee although this Act prescribes that the requesting country should do so.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 7 (Postponement of Mutual Assistance)
If a request for mutual assistance is made by a foreign country with respect to a crime, the investigation of which is in progress, or the trial of which is pending in the Republic of Korea, mutual assistance may be postponed until the procedure of such investigation or trial is completed.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 8 (Transfer of Objects)
(1) Any of the following objects may be transferred to a requesting country: Provided, That it is not allowed to prejudice any rights of the third party on such object:
1. Any object which was or is to be offered for a crime under mutual assistance;
2. Any object which was produced or acquired by a crime under mutual assistance;
3. Any object which has been acquired as compensation for a crime under mutual assistance.
(2) In transferring an object under paragraph (1), the requesting country shall guarantee the return of such object, unless the Republic of Korea waives the right thereto.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 9 (Cooperation in Requesting Country)
(1) If a requesting country makes a request that the Republic of Korea makes any person, etc. involved in a crime under mutual assistance cooperate with the procedure for an investigation or trial, it shall be permitted to have such person, etc. cooperate in the requesting country on condition that such person, etc. consents to it in writing.
(2) In cases falling under paragraph (1), it shall be guaranteed by the requesting country that the party to such request for cooperation be exempted from any indictment or punishment, and any restriction on freedom, in the requesting country, for any act committed before.
(3) Notwithstanding paragraph (2), if a person confined in a correctional institution (hereinafter referred to as "prisoner") is the party to the request provided for in paragraph (1), the requesting country shall guarantee that it will continue detaining the prisoner, and repatriate him/her to the Republic of Korea in a detained condition, as the Republic of Korea may request. In such cases, the period of detention in the requesting country shall be counted as the number of days of detention to be executed in the Republic of Korea.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 10 (Arrest for Repatriation to Foreign Country)
(1) If a person who has been detained in a foreign country is extradited to the Republic of Korea for mutual assistance, he/she may be arrested by a warrant issued by a judge of a district court having the jurisdiction over the place where mutual assistance is requested to repatriate him/her to the foreign country after accomplishing the purpose of mutual assistance.
(2) The arrest warrant provided for in paragraph (1) shall include the following matters, and be signed and sealed by the judge:
1. Name, residence and nationality of the person to be repatriated to a foreign country;
2. Facts constituting the crime under mutual assistance;
3. Objective and descriptions of a request for mutual assistance;
4. Place in which he/she is under custody and in detention;
5. Issuance date and validity term of the warrant, and the effect that no execution may be undertaken and the warrant should be returned, if such term expires.
(3) The provisions of Sections 3 and 4 of Chapter 2 of the Extradition Act shall apply mutatis mutandis to repatriation provided for in paragraph (1), unless it is contrary to its nature.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
CHAPTER III MUTUAL ASSISTANCE PERTAINING TO INVESTIGATION AT REQUEST OF FOREIGN COUNTRY
 Article 11 (Acceptance of Request for, and Sending of Materials on Mutual Assistance)
Acceptance of a request for mutual assistance from q requesting country, and the sending of materials concerning mutual assistance to a requesting country shall be made by the Minister of Foreign Affairs: Provided, That if any urgent or special circumstance exists, the Minister of Justice may do so with the consent of the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 12 (Written Requests for Mutual Assistance)
(1) Any request for mutual assistance shall be made in writing specifying the following matters (hereinafter referred to as "written request for mutual assistance"):
1. Agency taking charge of an investigation or trial related to a request for mutual assistance;
2. A summary of the case for which mutual assistance is requested;
3. Objectives and descriptions of a request for mutual assistance;
4. Other matters necessary for providing mutual assistance.
(2) In cases of a request for mutual assistance, such as examination of a witness, transfer of objects, testimony in the requesting country, etc., the requesting country shall explain that it is a requisite for the investigation or trial.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 13 (Manner of Mutual Assistance)
Mutual assistance shall be provided to a requesting country in a manner prescribed by any Act of the Republic of Korea: Provided, That if the manner of mutual assistance requested by the requesting country is not contrary to any Act of the Republic of Korea, mutual assistance may be provided in such manner.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 14 (Actions Taken by Minister of Foreign Affairs)
When the Minister of Foreign Affairs receives a request for mutual assistance pertaining to an investigation of a criminal case from a requesting country, he/she shall send the written request for mutual assistance to the Minister of Justice, along with related materials and his/her opinion. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 15 (Actions Taken by Minister of Justice)
(1) Except for cases provided for in paragraph (2), if the Minister of Justice, in receipt of the written request for mutual assistance, deems it reasonable to comply with such request, he/she shall take any of the following actions:
1. To send related materials to the director of a district prosecutors’ office (hereinafter referred to as "chief prosecutor") deemed necessary for mutual assistance, and to order him/her to take any measure necessary for mutual assistance;
2. In cases falling under Article 9 (3), to order the head of a correctional institution in which the prisoner is confined to take any measure necessary for transferring the prisoner.
(2) If a request for mutual assistance concerns the presentation of documents of a lawsuit which a court or prosecutor keeps in custody, the Minister of Justice shall send the written request for mutual assistance to such court or prosecutor.
(3) If the Minister of Justice is unable to provide mutual assistance under this Act or a mutual assistance treaty, or deems it reasonable not to provide mutual assistance, or intends to postpone mutual assistance, he/she shall consult with the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 16 (Actions taken by Chief Prosecutor)
A chief prosecutor who has received an order provided for in Article 15 (1) 1 shall order any prosecutor under his/her control to collect materials necessary for mutual assistance, or to take other necessary measures.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 17 (Measures taken by Prosecutor, etc.)
(1) In order to collect materials necessary for mutual assistance, a prosecutor may request any interested person to appear and state his/her opinion, entrust any person with an appraisal, interpretation or translation, request the owner, holder or keeper of documents or other things to present them, inquire any public office, public or private organization into the facts thereof, or request such office or organization to report necessary matters.
(2) If it is necessary for mutual assistance, a prosecutor may make any seizure, search or verification by a warrant issued by a judge at his/her request.
(3) If evidence, etc. to be transferred to a requesting country has been presented to the court, a prosecutor shall obtain a decision of the court to the effect that it permits the transfer thereof.
(4) A prosecutor may direct judicial policemen to perform an investigation provided for in paragraph (1), and a judicial police officer may make any seizure, search or verification referred to in paragraph (2) by a warrant issued by a judge at a request of the prosecutor who has received such request from the judicial police officer.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 18 (Request for Examination of Witness)
Where any request for mutual assistance is related to an examination of a witness, or an interested person refuses to appear or state his/her opinion pursuant to Article 17 (1), the prosecutor may request the judge to examine the witness.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 19 (Documents to be Appended at Time of Request for Warrant, etc.)
When a prosecutor requests a warrant, permission on transfer or examination of a witness for mutual assistance, he/she shall append an attested copy of the written request for mutual assistance provided for in Article 14.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 20 (Competent Court)
(1) A request for a warrant under Article 17 (2), and that for an examination of a witness under Article 18 shall be made by a prosecutor to the judge of a district court corresponding to the district prosecutor’s office to which the prosecutor belongs.
(2) A request for permission on transfer of evidence, etc. under Article 17 (3) shall be made to the court to which such evidence, etc. has been presented.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 21 (Sending, etc. of Mutual Assistance Materials, etc.)
(1) When the chief prosecutor who has received the order provided for in Article 15 (1) 1 finishes taking measures necessary for mutual assistance, he/she shall collect the mutual assistance materials and promptly send them to the Minister of Justice.
(2) When the head of the correctional institution who has received the order provided for in Article 15 (1) 1 finishes taking measures necessary for transferring a prisoner, he/she shall promptly report it to the Minister of Justice.
(3) The court or prosecutor who has received a written request for mutual assistance under Article 15 (2) shall promptly send the documents of a lawsuit or an attested copy thereof to the Minister of Justice with his/her opinion attached thereto, and if it is impossible to send them, he/she shall return such written request for mutual assistance to the Minister of Justice, stating the reason therefor.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 22 (Sending, etc. of Mutual Assistance Materials by Minister of Justice)
(1) When the Minister of Justice has received mutual assistance materials, etc. or reports provided for in Article 21, he/she shall send the materials necessary for mutual assistance to the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(2) When the Minister of Justice sends materials under paragraph (1), he/she shall determine matters to be observed by the requesting country with respect to the use, return, keeping of confidentiality etc. of such materials, and may request the Minister of Foreign Affairs to demand that the requesting country guarantee the fulfillment thereof. <Amended by Act No. 11690, Mar. 23, 2013>
(3) When the Minister of Foreign Affairs receives the request provided for in paragraph (2) from the Minister of Justice, he/she shall take any appropriate measures, and notify the results thereof to the Minister of Justice. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
CHAPTER IV MUTUAL ASSISTANCE AS TO CRIMINAL TRIAL BY REQUEST OF FOREIGN COUNTRY
 Article 23 (Actions Taken by Minister of Justice)
(1) When the Minister of Justice receives a written request for mutual assistance as to a criminal trial to be administered by the court, he/she shall send it to the Director of the Court Administration Office: Provided, That this shall not apply where it is impossible to provide any mutual assistance under this Act or a mutual assistance treaty, or it is deemed reasonable not to provide any mutual assistance.
(2) When the Minister of Justice deems it reasonable not to provide mutual assistance under the proviso to paragraph (1), he/she shall consult with the Director of the Court Administration Office.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 24 (Actions Taken by Director of Court Administration Office)
When the Director of the Court Administration Office receives a written request for mutual assistance provided for in Article 23 (1) from the Minister of Justice, he/she shall send it to the chief of the competent district court.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 25 (Competent Court)
Any mutual assistance concerning a criminal trial shall be administered by the district court having the jurisdiction over the place to which service is made, in cases of a request for the service of documents, etc.; and by the district court having the jurisdiction over the seat of the residence of the witness, etc., or that of the evidence or the object of verification or appraisal, in cases of a request for the investigation of evidence.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 26 (Transfer)
If the requested matters are not under the jurisdiction of the court which has received a written request for mutual assistance, the court shall transfer it by decision to a competent court, and notify it to the Director of the Court Administration Office.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 27 (Sending of Certificate, etc.)
(1) When the chief of a court receives a written request for mutual assistance under Article 24, he/she shall send to the Director of the Court Administration Office a certificate pertaining to the result of service, in cases of a request for the service of documents, etc.; and a protocol of the witness examination or specifying the result of an evidence investigation, or a report in which the reason why the investigation on the evidence is impossible is specified, in cases of a request for the investigation of evidence.
(2) When the Director of the Court Administration Office receives materials provided for in paragraph (1) from the chief of a competent district court, he/she shall send it to the Minister of Justice.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 28 (Provisions Applicable Mutatis Mutandis)
Articles 11 through 14, 15 (3), and 22 shall apply mutatis mutandis to any mutual assistance as to a criminal trial at the request of a foreign country.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
CHAPTER V REQUEST FOR MUTUAL ASSISTANCE AS TO INVESTIGATION TO FOREIGN COUNTRY
 Article 29 (Request for Mutual Assistance by Prosecutor)
Where a prosecutor requests a foreign country to provide mutual assistance as to any investigation, he/she shall send a written request for mutual assistance to the Minister of Justice, and the judicial police officer shall request a prosecutor to send it to the Minister of Justice.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 30 (Actions Taken by Minister of Justice)
Where the Minister of Justice, in receipt of a written request for mutual assistance under Article 29, deems it reasonable to request mutual assistance to a foreign country, he/she shall send it to the Minister of Foreign Affairs: Provided, That if any urgent or special circumstances exist, he/she may send it directly to the foreign country with the consent of the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 31 (Actions Taken by Minister of Foreign Affairs)
Where the Minister of Foreign Affairs receives a written request for mutual assistance under Article 30 from the Minister of Justice, he/she shall send it to the foreign country: Provided, That if it is deemed unreasonable to make a request for mutual assistance in view of diplomatic relations, he/she shall consult with the Minister of Justice. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 32 (Appending of Translation)
Where a request for mutual assistance is made to a foreign country, the translation of the written request for mutual assistance and other related documents in the official language of the foreign country shall be appended: Provided, That if the official language of the foreign country is not known, a translation in English may be appended.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
CHAPTER VI REQUEST FOR MUTUAL ASSISTANCE AS TO CRIMINAL TRIAL TO FOREIGN COUNTRY
 Article 33 (Request for Mutual Assistance by Court)
(1) Where a court requests a foreign country to provide mutual assistance as to any criminal trial, it shall send a written request for mutual assistance to the Director of the Court Administration Office. In such cases, the court shall notify the fact to the prosecutor.
(2) When the Director of the Court Administration Office receives a written request for mutual assistance under paragraph (1), he/she shall send it to the Minister of Justice.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 34 (Consultation with Director of Court Administration Office)
If the Minister of Justice deems, after receiving a written request for mutual assistance as provided in Article 33 (2), it unnecessary to make a request for mutual assistance to the foreign country, he shall consult with the Director of the Court Administration Office.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 35 (Provisions Applicable Mutatis Mutandis)
Articles 30 through 32 shall apply mutatis mutandis to a request for mutual assistance to a foreign country as to any criminal trial.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 36 (Expenses)
(1) Expenses incurred in providing mutual assistance at the request of a foreign country shall be borne by the requesting country, unless a special agreement with the requesting country exists: Provided, That any expense incurred in providing mutual assistance in the territory of the Republic of Korea may be borne by the Republic of Korea.
(2) Where expenses incurred in providing mutual assistance is to be borne by the requesting country under this Act or a mutual assistance treaty, the requesting country shall guarantee the payment of such expenses.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 37 (Orders, etc. via Prosecutor General)
The issuance of any order or sending of documents from the Minister of Justice to the chief prosecutor or prosecutor, or the sending of any report or documents from the chief prosecutor or prosecutor to the Minister of Justice under this Act shall go through the Prosecutor General.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 38 (Cooperation with International Criminal Police Organization)
(1) Where the Minister of the Interior and Safety receives or makes any request for cooperation as to any investigation on a criminal case of a foreign country, from or to the international criminal police organization, he/she may take any of the following measures: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Exchange of any information and materials on any international crime;
2. Certification of the identity of any international crime, and the inquiry into any previous conviction;
3. Fact-finding and investigation on any international crime.
(2) If any request for cooperation, except as provided for in the subparagraphs of paragraph (1), is related to mutual assistance prescribed by this Act, it shall be governed by this Act.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 39 (Application mutatis mutandis of the Criminal Procedure Act)
Except as otherwise prescribed by this Act, the provisions of the Criminal Procedure Act shall apply mutatis mutandis to any trial proceeded by a court or judge, issuance of warrants or witness examination by a judge, or any disposition taken by a prosecutor or judicial police officer, pursuant to the provisions of this Act and any procedure for objection, unless it is contrary to its nature.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
 Article 40 (Supreme Court Regulations)
Necessary matters concerning the procedure for the issuance of a warrant, a decision on permission on transfer of evidence, witness examination, etc. under this Act, shall be determined by the Supreme Court Regulations.
[This Article Wholly Amended by Act No. 9811, Nov. 2, 2009]
ADDENDUM
This Act shall enter into force on the thirtieth day following the date of its promulgation.
ADDENDUM <Act No. 9811, Nov. 2, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provide, That from among the Acts amended by Article 6 of the Addenda to the Government Organization Act, an Act which was promulgated before the Government Organization Act enters into force but the enforcement date of which has not arrived yet shall enter into force on the enforcement date of such Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.